§ 11-4-406 — Fire protection - Right of entry - Duty of care - Damages

The division, through its authorized employees and agents, may, at any time, go upon any land within this state for the purpose of investigating, preventing, or controlling forest, woods, brush, or grass fires of any nature, or to take other action necessary for the control of forest disease, insects, and other pests without incurring liability for trespassing. This includes the right to take needed firefighting equipment onto and over such property, but such persons are charged with the responsibility of taking reasonable precautions to ensure minimum damages. However, nothing herein shall preclude any such property owner whose premises are entered upon for such purpose from recovering such property owner's actual damages where such person's property is damaged as a result of such entry or crossing, and the state board of claims, upon satisfactory proof of such damage and cause thereof, is authorized to make payments therefor to such injured property owner.

Legislative History

Acts 1963, ch. 144, § 1; impl. am. Acts 1963, ch. 169, § 3; T.C.A., § 11-434; Acts 1986, ch. 652, §§ 17, 47; T.C.A., § 11-4-120.